New Hampshire VA & Military Brain Injury Malpractice Attorneys

Veterans and military families trust New Hampshire's VA medical centers and military treatment facilities for competent neurological and emergency care. Medical negligence in diagnosing, treating, or monitoring brain conditions can cause devastating traumatic brain injuries that forever change lives and families.

The Centers for Disease Control and Prevention reports that traumatic brain injury causes 30% of all injury deaths in the United States; proper medical care could prevent many of these. At the Archuleta Law Firm, our founding attorney is a licensed attorney and medical doctor, providing unique medical expertise to understand complex brain injury cases and identify standard of care violations. Recent Federal Tort Claims Act cases have resulted in substantial recoveries, including a $21.5 million trial judgment for VA medical malpractice involving brain injury.

If you or a loved one suffered a brain injury due to negligence at a New Hampshire VA or military facility, the Federal Tort Claims Act (FTCA) grants you legal rights. You must understand your federal rights and New Hampshire's legal requirements to protect your family's future.

• Failure to Diagnose Stroke or Hemorrhage: When medical staff misinterpret CT scans or fail to recognize signs of acute stroke, delayed treatment can result in massive brain damage and permanent neurological deficits that could have been prevented with timely intervention.

• Inadequate Post-Surgical Monitoring: Following neurosurgical procedures, failure to monitor for complications like cerebrospinal fluid leaks or intracranial pressure changes can lead to secondary brain injuries, as demonstrated in recent FTCA cases involving improper management of surgical complications.

• Medication Errors in Critical Care: Administering incorrect dosages of blood thinners, sedatives, or other neurologically active medications can cause brain hemorrhages or oxygen deprivation, particularly dangerous for patients with existing neurological conditions.

• Emergency Room Delays: When emergency department staff fail to prioritize patients showing signs of head trauma or neurological symptoms, delays in diagnostic imaging and treatment can allow treatable conditions to progress to permanent brain damage.

• Anesthesia Complications: Improper monitoring during surgery or failure to maintain adequate oxygenation can result in anoxic brain injury, where brain cells die from lack of oxygen during what should be routine medical procedures.

• Failure to Prevent Falls: Inadequate supervision of patients with cognitive impairment, medication side effects, or mobility issues can lead to preventable falls resulting in traumatic brain injuries, especially among elderly veterans.

Our firm represents brain injury victims from VA medical centers and military treatment facilities throughout New Hampshire, where complex neurological cases require specialized medical expertise and emergency capabilities.

• Manchester VA Medical Center, Manchester: This primary VA facility provides comprehensive neurological services, emergency care, and surgical procedures where brain injury malpractice can occur during stroke treatment, neurosurgery, or critical care management.

• White River Junction VA Medical Center, White River Junction: Serving veterans across New Hampshire and Vermont, this medical center handles complex neurological cases where delays in diagnosis or treatment errors can result in preventable brain injuries.

• Portsmouth Naval Shipyard Medical Department, Portsmouth: Military personnel and their families receive medical care at this facility, where emergency response failures or inadequate neurological monitoring can lead to traumatic brain injuries.

• New Hampshire National Guard Medical Units: During training exercises and medical evaluations, inadequate emergency response or failure to recognize head trauma can result in service members suffering preventable brain injuries.

View all New Hampshire VA & Military Facilities

• Medical staff dismissed or failed to investigate complaints of severe headaches, confusion, or neurological symptoms that preceded your brain injury
• Diagnostic imaging (CT scans or MRIs) were delayed despite clear signs of head trauma or neurological emergency
• Emergency department staff failed to perform neurological assessments or delayed calling for neurosurgical consultation
• Post-surgical complications like cerebrospinal fluid leaks or bleeding were not promptly recognized and treated
• Medication errors occurred, such as incorrect blood thinner dosages that led to brain hemorrhage
• Falls occurred due to inadequate supervision despite known risk factors like confusion, medication side effects, or mobility problems
• Signs of stroke (facial drooping, speech problems, weakness) were not recognized or treatment was delayed beyond the critical time window

Economic Damages

Brain injury victims in New Hampshire can recover substantial economic damages reflecting the lifetime costs of catastrophic neurological injuries. Specific recoverable damages include lifetime neurological rehabilitation costs, which can exceed $1 million for severe traumatic brain injury cases. Cognitive therapy and speech therapy expenses, often required for years or permanently, represent significant ongoing costs. Specialized medical equipment including wheelchairs, communication devices, and home monitoring systems are fully recoverable. Lost earning capacity calculations must account for the victim's reduced ability to work or complete inability to maintain employment due to cognitive impairment. Home modification costs for accessibility, safety features, and specialized care equipment are included in economic damages.

Non-Economic Damages

New Hampshire recognizes substantial non-economic damages for brain injury victims, including compensation for severe and permanent pain and suffering associated with cognitive impairment and neurological deficits. Loss of enjoyment of life damages account for the victim's inability to participate in activities, hobbies, and relationships they previously enjoyed. Emotional distress and mental anguish related to cognitive changes, personality alterations, and loss of independence are compensable. Loss of consortium damages compensate family members for the fundamental changes in their relationship with the brain-injured victim.

Under New Hampshire law, damage awards against state government entities are capped at $475,000 per plaintiff and $3,750,000 per occurrence (N.H. Rev. Stat. § 541-B:14). However, these state damage caps do not apply to Federal Tort Claims Act cases against VA hospitals and military facilities, as federal law governs these claims. New Hampshire follows a comparative fault rule where victims can recover damages if they are 50% or less at fault for their injury (N.H. Rev. Stat. § 507:7-d). FTCA brain injury cases are not subject to New Hampshire's state liability limitations, allowing for full recovery of both economic and non-economic damages under federal standards.

The Federal Tort Claims Act requires filing an administrative claim within two years of the brain injury occurring (28 U.S.C. § 2675), which is stricter than New Hampshire's general three-year personal injury statute of limitations (N.H. Rev. Stat. § 508:4). While New Hampshire applies a discovery rule that extends the deadline until the injury is discovered or reasonably should have been discovered, FTCA claims maintain the strict two-year federal deadline regardless of when the brain injury's full extent becomes apparent.

Expert Witness Requirements

New Hampshire requires qualified medical experts to establish the standard of care and causation in brain injury malpractice cases. For complex neurological injuries, experts must demonstrate specific training and experience in neurology, neurosurgery, or emergency medicine relevant to the specific medical negligence alleged. Brain injury cases typically require multiple experts, including neurologists to establish the standard of care, life care planners to calculate future damages, and vocational rehabilitation experts to assess lost earning capacity.

For complete step-by-step filing instructions, see our guide: How to File a VA Medical Malpractice Claim in New Hampshire

You must file an administrative claim under the Federal Tort Claims Act within two years of the brain injury occurring (28 U.S.C. § 2675). This federal deadline is stricter than New Hampshire's three-year personal injury statute of limitations and does not extend based on when you discover the full extent of your brain injury.

New Hampshire FTCA brain injury cases can recover both economic damages (medical expenses, lost wages, lifetime care costs) and non-economic damages (pain and suffering, loss of enjoyment of life). Unlike claims against New Hampshire state entities, FTCA cases are not subject to the state's $475,000 damage cap, allowing for full recovery under federal standards.

New Hampshire's damage caps under N.H. Rev. Stat. § 541-B:14 do not apply to Federal Tort Claims Act cases against VA hospitals or military facilities. Your brain injury case is governed by federal law, which does not impose the same damage limitations that apply to claims against state government entities.

No, you cannot sue individual military doctors or VA physicians personally. Under the Federal Tort Claims Act, when medical malpractice occurs within the scope of employment at federal facilities, the United States government becomes the defendant, and individual providers are protected from personal liability.

Yes, brain injury malpractice cases require qualified medical experts to establish the standard of care and prove causation. New Hampshire courts require experts with specific credentials in neurology, neurosurgery, or emergency medicine relevant to your case, and complex brain injury cases often require multiple expert witnesses.

FTCA brain injury cases typically take 2-4 years from filing the administrative claim to resolution. The federal government has six months to respond to your administrative claim, and if denied, you can file a federal lawsuit. Complex brain injury cases require extensive medical documentation and expert testimony, which extends the timeline.

Recent changes to federal law under the National Defense Authorization Act now allow certain active duty service members to file FTCA claims for medical malpractice that previously were barred. The specific circumstances of your injury and when it occurred determine whether you can pursue a claim against military medical facilities.

Yes, family members can recover loss of consortium damages when a loved one suffers brain injury due to medical malpractice at VA or military facilities. Spouses and children may be compensated for the loss of companionship, care, and support resulting from the victim's neurological impairment and personality changes.

When you or a loved one has suffered traumatic brain injuries, head trauma, and brain damage from medical negligence at a New Hampshire VA or military facility, you need attorneys who understand both medicine and law. The Archuleta Law Firm offers a unique combination of expertise:

• Doctor-Attorney on Staff: Our founding attorney holds both an MD and JD, providing unmatched insight into Brain Injury cases and the medical standards of care that were violated.

• Proven Results: Over $145 million recovered for military and VA medical malpractice victims nationwide, including complex Brain Injury cases.

• New Hampshire FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving New Hampshire VA medical centers and military treatment facilities.

• No Fee Unless We Win: You pay nothing unless we recover compensation for you. We advance all case costs and expenses.

• Nationwide Practice: Licensed to handle FTCA cases in all 50 states, including New Hampshire, with dedicated knowledge of federal medical malpractice law.

• Compassionate Approach: We understand the physical, emotional, and financial toll that Brain Injury takes on families. Our team is here to support you through every step of the legal process.

If you or a loved one suffered traumatic brain injuries, head trauma, and brain damage from medical negligence at a New Hampshire VA medical center or military hospital, you may be entitled to significant compensation under the Federal Tort Claims Act.

The Archuleta Law Firm offers free, confidential case evaluations for New Hampshire Brain Injury victims. Our New Hampshire Brain Injury attorneys will:

• Review your medical records and case details at no cost
• Explain your legal rights under the FTCA
• Assess the strength of your potential claim
• Answer your questions about the New Hampshire legal process
• Discuss the compensation you may be entitled to recover

Don't wait - the FTCA has strict deadlines for filing claims. Contact us today to protect your rights.

Call 1-800-798-9529 for a free consultation, or Request Your Free Case Evaluation Online.

New Hampshire VA Malpractice Information

• Military & VA Medical Malpractice in New Hampshire - Complete guide to filing claims in New Hampshire, including facility listings and legal requirements

Other New Hampshire Case Types We Handle

• New Hampshire Surgical Errors Cases
• New Hampshire Emergency Room Errors Cases
• New Hampshire Spinal Cord Injury Cases

Brain Injury Resources

• Brain Injury Lawyers (Nationwide) - General Brain Injury information
• FTCA Claims Process - Understanding the Federal Tort Claims Act
• Standard Form 95 Guide - How to complete the required claim form

Contact Us

• Phone: 1-800-798-9529
• Free Case Evaluation

If you or a family member has suffered a brain injury due to medical negligence at a VA facility in New Hampshire, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. The FTCA allows veterans and their families to seek compensation when negligent medical care at VA facilities results in injury or death.

It's important to note that FTCA claims have strict deadlines. You must file your administrative claim within two years from when you knew or should have known about the injury and its cause. This is done by submitting Standard Form 95 to the Department of Veterans Affairs. Once filed, the VA has six months to investigate and respond to your claim. If they deny your claim or fail to respond within six months, you then have six months to file a federal lawsuit.

Brain injury cases are particularly complex, which is why having an attorney with both medical and legal expertise is invaluable. A doctor-attorney can better understand the nuances of your medical records, identify deviations from the standard of care, and effectively communicate with medical experts. They can also better explain the long-term implications of your brain injury and ensure all potential damages are properly calculated and pursued.

Under the FTCA, you may be entitled to recover various types of damages. These include past and future medical expenses, lost wages and earning capacity, and compensation for pain and suffering. For brain injury cases, this often includes costs for ongoing rehabilitation, cognitive therapy, adaptive equipment, and long-term care needs. Family members may also be able to recover damages for loss of companionship and support.

If you believe you or a loved one has suffered a brain injury due to negligent care at a New Hampshire VA facility, don't wait to seek legal help. Many attorneys who handle FTCA cases offer free initial consultations to evaluate your claim. During this consultation, they can assess whether you have a viable case, explain the FTCA process in detail, and help you understand your options. Remember, these cases have strict deadlines and specific requirements, so seeking prompt legal guidance can be crucial to protecting your rights and securing the compensation you deserve.

We handle various types of VA and military medical malpractice cases in New Hampshire:

• New Hampshire Surgical Errors Cases
• New Hampshire Emergency Room Errors Cases
• New Hampshire Spinal Cord Injury Cases
• New Hampshire Misdiagnosis Cases
• New Hampshire Medication Errors Cases
• New Hampshire Wrongful Death Cases